Will The RIAA's New Friends In Justice Get Involved Over Constitutionality Of RIAA Damage Awards?

from the we're-about-to-find-out dept

Tue, Feb 17th 2009 1:38pm — Mike Masnick

In one of the many cases out there challenging the constitutionality of statutory fines for copyright infringement, there's some indication that the Justice Department is considering intervening on the side of the record labels to defend fines that range from $750 to $150,000 for sharing a single song that can be purchased for $1. There are numerous arguments (both legal and common sense) for why the punishment here goes way beyond the crime. But, with the Justice Department hiring a bunch of the entertainment industry's favorite lawyers into high level positions, this seems like a pretty clear conflict of interest. Many people are now suggesting contacting the administration and requesting that it not intervene in the case given the conflicts of interest.

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Filed Under: copyright, justice department, obama

13 Comments

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Anonymous Coward, 17 Feb 2009 @ 2:40pm

Your 0bama administration at work... CHANGE!
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- Anonymous Coward, 17 Feb 2009 @ 3:17pm
  
  Re:
  **AA -> Hollywood -> Obama
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- Anonymous Coward Numero Uno, 17 Feb 2009 @ 3:28pm
  
  Re:
  Strange, I never knew that the Obama administration extends to the Justice Department. Care to fill me in on how that is possible?
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  - Anonymous Coward, 17 Feb 2009 @ 3:37pm
    
    Re: Re:
    The US Attorney General is a member of the Cabinet and oversees the operation of the Department of Justice.
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    - Anonymous Coward Numero Uno, 17 Feb 2009 @ 4:56pm
      
      Re: Re: Re:
      Thanks much :).
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  - Stuart, 17 Feb 2009 @ 3:41pm
    
    Re: Re:
    So you are saying that you have absolutely no idea how government works.
    Nice. I wish I was ignorant.
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Matt, 17 Feb 2009 @ 2:42pm

unlike the AC
How much of this is due to noerr pennington? The whole "it's legal to lobby against your competition" thing.
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Sony mole, 17 Feb 2009 @ 5:06pm

FU to RIAA
sources tell me that some of the labels have had enough of the RIAA and pulled out. This is causing layoffs and total reduction in bootleg CD stuff. My guy didn;t have alot of info about P2P, but I guess the labels are doen being made into fools by the RIAA poopieheads. First the MPAA now RIAA, guess they won;t be around much longer!!
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Dan, 17 Feb 2009 @ 6:02pm

This is where the rubber meets the road, Obama gets the either reaffirm just who his constituents are or betray them. He can back unconstitutional penalties or reject them and the DOJ's actions WILL be seen as his.
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- Ray Beckerman (profile), 22 Feb 2009 @ 4:03pm
  
  Truer words
  Dan said:
  "This is where the rubber meets the road, Obama gets the either reaffirm just who his constituents are or betray them. He can back unconstitutional penalties or reject them and the DOJ's actions WILL be seen as his.
  Truer words were never spoken.
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Anonymous Coward, 17 Feb 2009 @ 6:42pm

wingnuts
the wingnuts come crawling out of the woodwork again
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Sean Larabee, 17 Feb 2009 @ 9:13pm

The Problem Now
Well the way I see it there will be no way for us (the average citizen or even reporters) to know if former industry lawyers will be influencing legislation or enforcement.

This is just a bad situation all the way around.
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Kirk, 18 Feb 2009 @ 9:53am

What we can learn from Obama's election
Please contact the president and present your case against this action. The fact that he's president should show us all that we do indeed have a voice. Freedom's greatest enemy is apathy. Participate or prostrate.
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